Sky's Refusal to Terminate my contract
Following skys refusal to terminate my service after breaching my statutory right to buy out my contract I have sent them this.
I have previously had no issues with my Sky account, which started on 18th March 2013. However due to the fact that I am moving properties, and the new rented accommodation prohibits the installation of a Sky dish, as well as already has a broadband connection installed by BT, I needed to cancel my account.
I’ve contacted your cancellation team three times to cancel my contract with sky and have still been unable to carry out by statutory, and consumer rights, to do so. The first time I rang, on the 30th August 2013, the agent refused to terminate my contract and his suggestion was to have the landlord terminate their broadband with BT and take on my account. They also suggested I could have a third party, such as a friend or family member, take on my existing contract. I am under the belief that this is incorrect advice and something your agents should not be informing members of the public. I am sure Trading Standards and Ofcom would appreciate being informed of this gross information.
The second time I phoned, on the 31st August 2013, I was advised by the agent that I could cancel my Sky package. A calculation charge was carried out whilst I was on the telephone and I was informed that the early termination fees would amount to a total of £174. I was offered to terminate the contract and pay these fees whilst I was on the phone with the agent. However I decided to wait and contact the landlord first. This was to confirm that having a Sky dish installed on the property was not a possibility. Unfortunately after discussing the issue in detail with the letting agency I was informed this was not an option.
I therefore contacted the Sky contact telephone number a third time, on the 1st September 2013, in order to cancel my account and pay the termination fees. It was at this point that I spoke to ‘Taylor’ from ‘Glasgow’ who informed me that I could not cancel my Sky account. She did provide me with the option to cancel my broadband but informed me I had no rights to terminate the Sky TV package on the phone. When probed further into how I could terminate the contract she refused to discuss the options with me stating it wasn’t possible to do. When I requested to speak to a manager I was also denied. This is a breach of Contact Centre regulations in which a Customer has the right to escalate an issue to a higher level. My issue is not with Taylor herself, but with your company and its procedures, and to some extent training.
The refusal to terminate my account is not just a breach of contract but also a breach of my statutory rights. After looking on both the Sky website, and my Terms and Conditions, I can clearly see that under ‘Your Rights to Cancel’ I followed the correct procedure, and was even willing to pay the Termination fees then and there without dispute.
Further information regarding the termination of an account are also listed on the Sky website where it states clearly under Section 2:
How long does a subscription last?
If your Sky digital Subscription Contract or your Multiroom Subscription(s) Contract end during the relevant Minimum Term (other than where you have a right to end them either under the terms of the relevant Contract or under ‘Your Rights to Cancel’), we will charge you an early termination charge. We may charge these amounts directly to the credit or debit card which you have provided us with details of, e.g. when you paid for the installation of your Digital Satellite System and, by entering into these contracts, you are authorising us to do so. We will give you reasonable written notice before these charges are made. For more information about these charges go to sky.com/earlytermination
Further information is also included under Section 5 where it advices members of the public:
a) This contract will stay in force for at least the minimum term unless you or we breach any of the conditions
This is therefore a breach of contract as laid out in your terms and conditions. I have consulted with my local Citizens Advice Bureau, as well as my partner who is a lawyer, and both have advised me after looking at this information that a breach of contract has occurred by you. A breach of my statutory rights has also occurred due to the refusal of your agent to allow me to buy out my contract which is a basic right under all contracts.
I have now cancelled my direct debit for all Sky items, and if this issue is not resolved by 6th September 2013 I will consider the contract void and I shall therefore rescind the contract, thus cancel the account without paying any penalties or charges. I am still willing to pay the cancelation fees, however will only be willing to do so on the speedy conclusion of this issue.
To further compound this argument it even states on the link below there are early termination charges for all packages.
http://help.sky.com/my-account/billing-and-subscription/charges-for-ending-your-sky-contract-early
I appreciate the time you have taken in reading this complaint and I hope you can resolve this issue swiftly.
Lets see what sort of response I get